Hill v. Poquet Estate

• Jurisdiction: Manitoba
• Court: Court of Queen's Bench of Manitoba (Canada)
• Judge: Menzies, J.
• Citation: (2012), 285 Man.R.(2d) 303 (QB),2012 MBQB 318
• Date: 27 November 2012

Hill v. Poquet Estate (2012), 285 Man.R.(2d) 303 (QB)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. DE.016

Robert Charles Hill (plaintiff) v. Christine Marie Kynoch, as Executrix of the Estate of Andrew (Andre) Poquet (defendant)

(CI 09-03-00388; 2012 MBQB 318)

Indexed As: Hill v. Poquet Estate

Manitoba Court of Queen's Bench

Portage la Prairie Centre

Menzies, J.

November 27, 2012.

Summary:

On September 15, 2004, Poquet signed a transfer of land adding Hill as a joint tenant to his property. Hill asserted that a short time later Poquet gifted him the inventory from Poquet's antique business. On October 1, 2004, Poquet moved into a personal care home. Poquet died on August 15, 2009. Hill sought a declaration that he was entitled to be registered as owner of the real property by virtue of his right of survivorship as a joint tenant. The executrix of Poquet's estate sought a declaration that Hill held both the real property and the inventory of antiques as a trustee pursuant to a resulting trust and that Poquet's estate was the true owner of the real property and the antique business.

The Manitoba Court of Queen's Bench held that Hill did not rebut the presumption of a resulting trust and show that Poquet intended to gift him this property. Hill held the real property and inventory of antiques in a resulting trust for Poquet. Although Hill now had to account for the property he had held as trustee for Poquet since 2004, he was entitled to be reimbursed for his expenditure and efforts made to maintain and improve the property. Hill testified that in selling the antiques on the property he realized between $30,000-$40,000. Considering the $5,500 paid to clear some land and the evidence of the hours spent by Hill in improving the land, the court ordered that Hill keep the proceeds from the sale of the antiques in full satisfaction of the work and improvements provided as trustee. Any remaining antiques in Hill's possession were to be held by him as trustee for the estate.

Gifts - Topic 527

Gifts inter vivos - Presumption against gift - Resulting trust - Rebuttal of presumption - [See Trusts - Topic 4421 ].

Trusts - Topic 4421

Administration - Indemnity of trustee - General - On September 15, 2004, Poquet signed a transfer of land adding Hill as a joint tenant to his property - Hill asserted that a short time later Poquet gifted him the inventory from Poquet's antique business - On October 1, 2004, Poquet moved into a personal care home - Poquet died on August 15, 2009 - Hill sought a declaration that he was entitled to be registered as owner of the real property by virtue of his right of survivorship as a joint tenant - The executrix of Poquet's estate sought a declaration that Hill held both the real property and the inventory of antiques as a trustee pursuant to a resulting trust and that Poquet's estate was the true owner of the real property and the antique business - The Manitoba Court of Queen's Bench held that Hill did not rebut the presumption of a resulting trust and show that Poquet intended to gift him this property - Hill held the real property and inventory of antiques in a resulting trust for Poquet - Although Hill now had to account for the property he had held as trustee for Poquet since 2004, he was entitled to be reimbursed for his expenditure and efforts made to maintain and improve the property - Hill testified that in selling the antiques on the property he realized between $30,000-$40,000 - Considering the $5,500 paid to clear some land and the evidence of the hours spent by Hill in improving the land, the court ordered that Hill keep the proceeds from the sale of the antiques in full satisfaction of the work and improvements provided as trustee - Any remaining antiques in Hill's possession were to be held by him as trustee for the estate.

Cases Noticed:

Pecore v. Pecore, [2007] 1 S.C.R. 795; 361 N.R. 1; 224 O.A.C. 330; 2007 SCC 17, refd to. [para. 11].

Molinski v. Chebib et al. (2012), 278 Man.R.(2d) 198 (Q.B.), refd to. [para. 26].

Counsel:

John Jones, for the plaintiff;

Tristan Smith, for the defendant.

This action was heard before Menzies, J., of the Manitoba Court of Queen's Bench, Portage la Prairie Centre, who delivered the following judgment on November 27, 2012.